AccuZIP, Inc. v. Cal. Unemployment Ins. Appeals Bd.

I. Introduction and Summary

This case involves the discharge of Rhonda Bell for alleged misconduct in handling $354 in disputed commissions while she was employed at Petitioner AccuZIP, Inc.

Following her termination, AccuZIP contested the decision by an administrative law judge awarding Rhonda unemployment insurance benefits on the basis that the incidents leading to her discharge were “at most an isolated error” not reflecting “a willful disregard for the employer’s interests.” Respondent California Unemployment Insurance Appeals Board (“Board”) upheld the administrative law judge’s decision. This petition for writ of mandate followed.

As discussed more fully below, the administrative law judge’s conclusion that Rhonda’s conduct was inadvertent and not willful is supported by the weight of the evidence. Further, the administrative law judge was never asked to continue the hearing based upon the unavailability of AccuZIP’s witnesses. Nor........